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News Flash: LAPD Can Fire Unqualified Officer Who Was Hired By Mistake

When Eugene Quinn applied to be a Los Angeles police officer, he failed the medical exam because of a hearing impairment. But due to a clerical error, he was told to report for further training exams, which he passed. Quinn graduated from the police academy and was assigned to patrol duty before his hearing problem […]

News Notes: Independent Contractor’s Employee Can Sue If You Provide Unsafe Equipment

According to a recent California Court of Appeal decision involving Wal-Mart, you can be sued by an independent contractor’s employee if you supply equipment that’s involved in an accident injuring the worker. Wal-Mart had hired Musi-Cal to install a sound system in the retailer’s Chino, Calif., store. The work involved placing speakers and running wires […]

News Notes: Free Posters Available On New Labor Department Web Page

The federal Department of Labor has launched a new Web page to help employers comply with posting requirements for a number of federal laws. By answering a series of questions, you can determine which federal posters you must display and then print them directly from the Internet. The Web page also lists who to contact […]

News Notes: Worker Who Watches TV Church Services Claims Religious Discrimination

Tyson Foods has agreed to change its religious accommodation policies to settle Equal Employment Opportunity Commission charges that the Arkansas poultry processor discriminated against a worker who watched Sunday church services on television. Tyson fired Afton Bolen from his job as a fryer operator for refusing to come in on Sundays, despite its policy of […]

News Notes: Judge Slashes Huge Verdict Against Wonder Bread

A San Francisco judge has dramatically sliced a recent jury award of over $131 million to African-American workers who were discriminated againstby their employer, Interstate Bakeries Corp. Calling the verdict against the maker of Wonder Bread excessive, the judge reduced the original award, which included compensation for lost wages and pain and suffering, together with […]

Recruiting Workers: Sample Anti-Raiding Agreement

Our accompanying story looks at the issues raised when a former employee lures away existing workers. Having employees sign an “anti-raiding agreement” is one way to deal with this problem. In general, these contracts are more likely to be upheld by a court if they’re for a limited period of time, such as one year. […]

Retaliation Claims: Court Rules Employers May Now Be Sued When Co-Workers Retaliate; 3 Important Steps To Prevent Lawsuits

It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]

ADA Accommodations: Why An Employee’s Request To Transfer To Another Supervisor Was Not A Required Accommodation

In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]